in the Interest of L.M., D.M., and J.M., Children ( 2018 )

ACCEPTED 05-17-00601-CV 05-17-00601-CV FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05—17—00601—cv 3/26/2018 11:05 AM LISA MATZ Appellate Case Style: In the Interest of L.M., D.M. and J .M., Children CLERK Vs. Companion Case(s): Amended/Corrected Statement FILED IN DOCKETING STATEMENT (Civil) 5th COURT OF APPEALS DALLAS, TEXAS B Appellate Court: 5th Court of Appeals 3/26/2018 11:05:53 AM (to be filed in the court of appeals upon perfection of appea under TRAP 32) LISA MATZ Clerk NOTE: Because spacefbr addftionalparties / attorneys is limited on thisfarrn, you can include the in/brrnatian an a separate document. As per TRAP 32.1 and 9.4,please include par1y’s name and the name, address, email address, telephone number, font number, ff any, and State Bar Number qf the party ’s lead counsel, [f the party is not represented by an attorney, that party '5 name, address, telephone number, fax number should be provided. I. Appellant II. Appellant Attorney(s) - Continued x Person Organization Lead Attorney 561601 Name: Mitzy Lomack Name: Kimberly A. Guest Pro Se Bar No. 00792979 If Pro Se Party, enter the following information: Firm Name: Guest & ASS0Ciat6S, P-C Address: Address 1: 421 E. Airport Freeway, Suite 115 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Irving, Texas 75062 Email; Tel, (972) 594-1133 Ext_ Fax; (972) 570-4498 11- Appellant Attorney“) Email; Kim@GuestAndAssociates.c0m Lead Attorney Select S 81 8 ct Lead Attorney Name: Name: Bar No’ Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: C“Y/5‘a‘e’ZiP3 City/State/Zip: Tel’ Ext’ Fax: Tel. Ext. Fax: Email: Email: Lead Attorney Select Lead Attorney 35190‘ Name: Name: Bar NO‘ Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Page 1 of 10 III. Appellee IV. Appellee Attorney(s) - Continued X Person Organization Lead Attorney Select Name: Alfred J McClought . N3-mC5Julie Johnson Pro Se Bar N0-24050830 If Pro Se Party, enter thefallowing information: Firm Name3Attomey at Law Address: Addréss 11411 Highway 67 City/State/Zip: Address 2: Tel. Ext. Fax: C1itY/state/Zip3Duncanville, Texas 75137 Email: Te1.(460) 268-7322 Ext. Fax: (972) 947-4066 IV. Appellee Att0rney(s) Emaildulie JohsonTX@Yaho0.com Lead Attorney 361601 Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address 1: Firm Name: Address 2: Address 1: City/State/Zip: Address 2: Tel. - Ext. Fax: - City/State/Zip: Email: Tel. Ext. Fax: Email: Lead Attorney Select Name: Lead Attorney Select Bar No. Name: Firm Name: Bar No. Address 1: Firm Name: Address 2: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: Tel. Ext. Fax: Email 2 Fax: Email: Page 2 of 10 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Divorce Date Order or Judgment signed: 03/26/2018 Type of Judgment: Bench Trial Date Notice of Appeal filed in Trial Court: 06/06/2017 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes X No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated Appeal (See TRAP 28): Yes X No If yes, please specify statutory or other basis on which appeal is accelerated: Parental Termination or Child Protection? (See TRAP 28.4): Yes X No Permissive? (See TRAP 28.3): Yes X No If yes, please specify statutory or other basis for such status: Agreed? (See TRAP 28.2): Yes X No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule? Yes X No If yes, please specify statutory or other basis for such status: Does this case involve an amount under $ 100,000? Yes X No Judgment or Order disposes of all parties and issues? X Yes No Appeal from final judgment? X Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes X No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes X No If yes, date filed: Motion to Modify Judgment: Yes X No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes X No If yes, date filed: Motion to Reinstate: Yes X No If yes, date filed: Motion under TRCP 306a: Yes X No If yes, date filed: Other: Yes X No If Other, please specify: Page 3 of 10 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes x No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes x No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes X No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 1457 Yes X No Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes X No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number: IX. Trial Court and Record Court: 255th Clerk’s Record County: Dallas Trial Court Clerk: |/ District County Court Docket No. (Cause No.): Trial Was Clerk’s record requested? I/ Yes No DF-14-23631 If yes, date requested: 03/26/2018 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Kim Cooks Were payment arrangements made with clerk? Address 1: 600 Commerce V Yes No Indigent Address 2: 4th Floor East Tower (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Dallas, Texas 75202 Te1.(2l4) 653-6159 Ext. Fax: Email : Page 4 of 10 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? X Yes No Was Reporter’s Record requested? X Yes No If yes, date requested: 06/07/2017 If no, date it will be requested: Was the Reporter’s Record electronically recorded? X Yes No Were payment arrangements made with the court reporter/court recorder? X Yes No Indigent X Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Joie Rivera Name: Address 1: 600 Commerce Street, 4th Floor Address 1: Address 2: Address 2: City/State/Zip: Dallas, Texas 75202 City/State/Zip: Tel. (214) 653-6520 Ext. Fax: Tel. Ext. Fax: Email: Email: X. Supersedeas Bond Supersedeas bond filed? Yes X No If yes, date filed: If no, will file? Yes No XI. Extraordinary Relief Will you request extraordinary relief (e. g., temporary or ancillary relief) from this Court? Yes X No If yes, briefly state the basis for your request: Page 5 of 10 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 15‘, 2"“, 5"‘, 6"‘, 8”‘, l0“', 13"‘, or 14"‘ Court of Appeals.) Should this appeal be referred to mediation‘? Yes x No If no, please specify: Issues will not be resolved at mediation Has this case been through an ADR procedure? Yes No If yes, who was the mediator‘? What type of ADR procedure? At what stage did the case go through ADR? Pre—Trial Post—Trial Other If other, please specify: Type of Case? Divorce [El Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Was the Court in error in finding certain funds to be seporate property and ordering reimbursment. How was the case disposed of? Final Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded, If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attomey’s fees (appellate): Other: If other, please specify: Divorce, Property Divsiion and Parental Rights Will you challenge this Courfsjurisdiction? Yes X No Does judgment have language that one or more parties “take nothing”? Yes X No Does judgment have a Mother Hubbard clause? X Yes No Other basis for finality: Page 6 of 10 XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1", 2"“, 5”‘, 6"‘, 8”‘, 10*, 13"‘, or 14"‘ Court of Appeals.) Rate the complexity of the case (use 1 for least and 5 for most complex): X 1 X2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? x Yes No Can the parties agree on an appellate mediator? Yes x No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient: Name of the person filling out mediation section of docketing statement: XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. COU-F11 Select Appellate Court D0Ck€t3 Style: Vs. COIIITI Select Appellate Court D0Ck€t2 Style: Vs. COUIII Select Appellate Court DOCKCE Style: Vs. COUFII Select Appellate Court D0Ck€t5 Style: Vs. Page 7 of 10 XIV. Pro Bono Program: (Complete section if filing in the 1“, 2"“, 3"’, 5"‘, 7"‘, 13"‘ or 14“' Court of Appeals.) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty—f1ve (45) days after submitting this Docketing Statement. Note: there no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono is Committee your case and that pro bono counsel can be found to represent you. Accordingly, you should not will select forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? El Yes l:lNo Do you authorize the ProBono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal‘? I] Yes [:INo Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. Ifyou have not previously filed a Statement of Inability to Pay Court Costs and attached a file—stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? I:IYes I:INo These guidelines can be found in the Pro Bono Program Pamphlet as well as on the intemet at http://aspe.hhs.gov/poverty/Oépovertv.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? [I Yes I:INo Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. If yes, please attach a Sample forms may be found in the Clerk's Office or on the intemet at http://www.tex-apporg. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances. Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). 1. Was the Court in error in finding certain funds from a personal injury settlement to be the seporate property of the Appellee? 2 Relief sought setting aside the Trial Court's determination that funds were seporate property and setting aside the award of reimbursment to Appellee from the proceeds of the sale of certain real property based on the seporate status of such ropeity. Page 8 of 10 XV. Signature 03/02/201 8 Signature of counsel (or Pro Se Party) Date Kimberly A. Gest 007992979 Printed Name State Bar No. /s/Kimberly A. Guest Kimberly A’ Gest Electronic Signature (Optional) Name XVI. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court’s Order or Judgment as follows on: /s/Kimberly A. Guest Signature of counsel (or Pro Se Party) Electronic Signature (Optional) 007992979 State Bar No. Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) ifthe person served is a party’s attorney, the name ofthe party represented by the attorney. Page 9 of 10 I Please enter the following for each person served: Date Served: Date Served: Manner Served: eServe E Manner Served: Select Name: Name: Bar No. Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel.- Ext. Fax: - Tel. Ext. Fax: Email: Email: Party: Alfred J. Mcclought Party: Alfred J. McClought Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm Name: Firm Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Alfred J . McClought Party: Alfred J. McClought Date Served:03/26/2013 Manner Served: eServe E Name: Julie Johnson Bar No. 24050830 Firm Name:Attomey at Law Address l:4ll Highway 67 Address 2: City/State/Zil33 Duncanville, Texas 75137 Tel. (460) 268-7322 Ext. Fax: (972) 947-4066 Email: Julie Johs0nTX@Yahoo.c0m Party; Alfred J. McCl0ugl1t Page 10 of 10